4th February 1839
Reference Numbert18390204-687
VerdictGuilty > unknown

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687. EDWARD KELLY was again indicted for feloniously breaking and entering the dwelling-house of William Patrick Gray, on the 26th of December, at St. Mary Lambeth, and stealing therein, 3 coats, value 3l.; 4 waistcoats, value 2l. 10s.; 3 shawls, value 2l.; 1 apron, value 4s.; 4lbs. weight of pudding, value 3s.; 7 spoons, value 1s.; and 5 pieces of velvet, value 2s.; the goods of William Nowell: and 1 pair of trowsers, value 1l.; 1 hat, value 10s.; 1 coat, value 2l. 10s.; 1 waistcoat, value 10s.; 1 shirt, value 3s. 6d.; 2 handkerchiefs, value 11s.; 1 half-sovereign; and 2 half-crowns; the goods and monies of Thomas Lapthorne.

WILLIAM NOWEIL . I lodge in Roupel-street, Cornwall-road, Lambeth, in the house of William Patrick Gray—my wife and I occupy a sitting-room and sleeping-room on the first floor. On the 26th December, I left the house between eleven and twelve o'clock in the morning, leaving my wife at home—I returned about half-past nine o'clock with my wife, opened the door with a key, and went up stairs—I found both rooms had been opened, the drawers forced open, and things strewed about the place—I missed several things—I gave the policeman a list of what I lost—the doors had both been locked—the hat belongs to Lapthorne, a lodger.

MARY ANN NOWELL . I am the prosecutor's wife. On the 26th of December I went out, about three o'clock in the afternoon—I locked the bedroom door, and put the key on the table in the sitting-room—I then locked the sitting-room door, and put the key on a box on the landing, and covered it over with a cloth—I returned with my husband, and found the key where I had left it—we missed the things stated.

THOMAS LAPTHORNE . I lodge in the same house with Mr. Nowell. On the 26th of December, I went out about seven o'clock in the evening, and returned about ten o'clock at night—I found my box broken open, and a suit of clothes, a half-sovereign, and two half-crowns gone—this is my hat—(looking at one)—I am quite sure of it—it had been in my box which was broken open—I had had it two or three months—it was too large—I had drawn the lining tight to make it fit, and that tore the holes—I also stained it on the crown with beer—I have no doubt it is mine.

Cross-examined by MR. JERNINGHAM. Q. Where are the stains? A. Here, very plain, (pointing them out,) and here are the torn holes—I told the officer before I saw it that if it was my hat it had stains on the crown and the holes torn—the hat I now wear was bought of the same person, and both hats have the same person's mark inside—I am sure it is mine.

CHARLES BURGESS GOFF (police-constable L 31.) I took the prisoner into custody on the 6th of January, in Elliott-row, St. George's-road. I found this iron bar in a pocket inside a rough coat he had on—he said, "It is only a piece of old iron I found"—he had the hat produced on his head—I afterwards showed it to Lapthorne, who said it was his—I went to Mr. Nowell's house, and on the bed-room door were marks of some instrument—eleven marks above the lock, and two or three underneath, between the door-post and door—I compared this piece of iron with the marks, and they corresponded—there was something black on every mark there, and on this bar there is black, as if it had been in the fire—Lapthorne described his hat minutely to me before he saw it—the prosecutor's house is in the parish of St. Mary, Lambeth.

GUILTY .* Aged 22.— Transported for Ten Years.

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